Act of Sederunt (Rules of the Court of Session Amendment No. 4) (References to the Court of Justice of the European Communities) 1999

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No. 4) (References to the Court of Justice of the European Communities) 1999 and shall come into force on 1st May 1999.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of the Rules of the Court of Session

2.—(1) The Rules of the Court of Session 1994((1) shall be amended in accordance with this paragraph.

(2) In rule 62.18(1) (which defines certain expressions for the purposes of Part IV of Chapter 62), in paragraph (a) of the definition of “Community judgment”, for “187 or 192” substitute “244 or 256”.

(3) In rule 65.1(1) (which defines certain expressions for the purposes of Chapter 65), in paragraph (a) of the definition of “reference”, for “177” substitute “234”.

(4) In rule 65.2 (applications for reference to European Court), the words “in Form 65.2” shall cease to have effect.

(5) In rule 65.3 (preparation of reference)–

(a) after paragraph (1) insert–

“(1A) Except in so far as the court may otherwise direct, a reference shall be prepared in accordance with Form 65.3.

(1B) In preparing a reference, the parties shall have regard to the guidance set out in the annex to these Rules.”; and

(b) in paragraph (2), for the words “at the sight of the court” substitute “and any adjustments required by the court have been made”.

(6) In the appendix, for Form 65.2 there shall be substituted the form set out in Schedule 1 to this Act of Sederunt.

(7) After the appendix there shall be added the annex set out in Schedule 2 to this Act of Sederunt.

Saving

3.  Nothing in this Act of Sederunt affects any reference made before the coming into force of this Act of Sederunt.

Rodger of Earlsferry

Lord President I.P.D.

Edinburgh,

28 April 1999.